Perspectives October 2024 - Scherer Smith & Kenny LLP
 
 
 

Scherer Smith & Kenny LLP serves mid-sized and fast-growing entrepreneurial companies.  From complex litigation to business, real estate, intellectual property and employment law, our team brings strategic thinking, pragmatism and intense dedication to our clients’ success.

 

Partner Notes

By Ryan W. Stahl

My partner, Denis Kenny, and I spent five weeks this summer trying a case before a jury.  It was an immensely rewarding professional experience, and having the opportunity to do it alongside Denis, my colleague of fifteen years, mentor, and now law partner, was a particularly meaningful milestone in our professional relationship.

Most days were every bit as long as their reputation suggests.  We typically began our work between 6:00 and 7:00 AM.  The jury would be seated at 9:30 AM and adjourn at 4:30 PM, after which our workday often continued back at the office late into the evening as we prepared for the next day’s witnesses, arguments, and evidence.

Technology played a significant role in the trial, as it now does in nearly every aspect of our professional lives.  We relied on a variety of technology tools for daily tasks, from legal research platforms and online searches to our firm’s enterprise-level Copilot for discrete assignments and administrative work.  These tools undoubtedly improved efficiency and allowed us to focus more of our time on strategy and preparation.

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Nonprofit Risk Management: Practical Lessons for Counsel

Nonprofit organizations often operate with lean staffing, significant volunteer involvement, and governing boards comprised of dedicated community members rather than professional risk managers. As a result, when allegations of fraud, misconduct, harassment, threats, financial irregularities, or governance failures arise, organizations can find themselves facing substantial legal and operational risks with limited internal resources to address them.

For attorneys advising nonprofit clients, effective risk management frequently begins long before a dispute results in litigation.

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California's AI Transparency Act is Now in Effect: What Businesses Using Generative AI Need to Know

As more and more companies launch “AI” businesses, California’s legislature is working to keep up with laws to protect the public.  While there are many new laws out there regarding use of deep fakes, celebrity images, political advertisements and more, this article addresses California’s recent AI Transparency Act, which went into effect on August 2, 2026.

California's AI Transparency Act, codified at California Business and Professions Code sections 22757 et seq., became operative on August 2, 2026, after the Legislature amended the original effective date through AB 853. The law is one of the nation's first comprehensive efforts to require transparency and provenance disclosures for AI-generated content.

Although most businesses will not be directly regulated by the Act (since on its face it impacts only organizations with 1M or more monthly users) it contains provisions that may extend obligations to many other companies that use GenAI platforms, including many of our clients.  In particular, organizations that use third-party generative AI platforms to create marketing materials, videos, images, audio content, or other communications should understand how the law may affect their operations.

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San Francisco Fair Chance Ordinance Amendments Take Effect August 2026

Recent amendments to San Francisco’s Fair Chance Ordinance (FCO) go into effect on August 10, 2026, after which San Francisco employers will have to disregard certain additional criminal records. The recent amendments also require the employer to take action within certain time frames and increase potential penalties for failure to comply. The City's FCO limits how employers may use criminal history in hiring and other employment decisions. Recent amendments preclude employers from considering convictions and unresolved arrests related to abortion care, gender-affirming care, and drag performances, and add new deadlines to the adverse action process.

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San Francisco, CA 94108-4635

 

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